IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SONNY THOMAS : CIVIL ACTION

 :

v. :

 :

JOHN IATAROLA, et al. : No. 05-03850-JF

MEMORANDUM AND ORDER

Fullam, Sr. J. February 6, 2007

Plaintiff, Sonny Thomas, after ingesting some drugs,

became involved in a violent dispute with his supplier. Mr.

Thomas became armed with a samurai sword and, after a violent

struggle, killed his opponent. Neighbors, disturbed by the

noise, had called the police. When the police arrived, the body

of the deceased was lying on the floor, with the samurai sword

sticking into its back. Plaintiff was standing over the body. 

Shortly before the police arrived, plaintiff had apparently

poured some flammable liquid over the body and had attempted to

set fire to it. 

Plaintiff was arrested, has been found guilty of firstdegree murder, and has been sentenced to life imprisonment. An

appeal from that conviction is pending.

Plaintiff filed the present lawsuit against the 12

police officers who were involved in the arrest, asserting

violations of his constitutional rights, specifically, that the

police used excessive force in achieving the arrest and removing

Case 2:05-cv-03850-JF Document 67 Filed 02/07/07 Page 1 of 4
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him from the premises. Two of the defendants were dismissed

before trial. After a two-day trial, the jury found in favor 

of the plaintiff and against five of the defendant police

officers, but awarded total damages in the sum of $1.00 only.

Notwithstanding this outcome, the defendants have filed posttrial motions, and now seek either judgments of acquittal or a

new trial.

The issues before the jury were straightforward: did

one or more of the police officers use excessive force in

subduing the plaintiff and accomplishing his arrest, and was the

force used against the plaintiff exerted in order to achieve his

arrest, or for some inappropriate purpose? Plaintiff testified

that he did not offer any resistence to the police officers, was

cooperative at all times, but nevertheless was severely beaten

and kicked. The defendant police officers all testified that the

plaintiff was resisting arrest, and that only reasonably

necessary force was used against him. There were inconsistencies

and improbabilities in the testimony on both sides. A seemingly

neutral eyewitness (a neighbor) gave testimony which could

reasonably be interpreted as lending at least partial support to

some of plaintiff’s claims. Many of the defendants seemed to be

testifying, not on the basis of their recollection of events, but

on the basis of what was set forth in the official reports they

had turned in at the time of the incident. And the five

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defendants who were found liable had agreed that they either

struck the plaintiff with their flashlights or batons, or that

they kicked him.

Thus, while the outcome of the trial was not readily

foreseeable, I cannot say that the jury’s resolution of the

factual disputes lacked adequate evidentiary support. It would

be inconsistent with the fundamental right of trial by jury for

this court now to set aside the jury’s verdict.

Other than the alleged insufficiency of the evidence,

defendants do not point to any errors in the course of the trial,

and none have been preserved for post-trial consideration in any

event. There is no basis for granting a new trial.

An Order follows.

Case 2:05-cv-03850-JF Document 67 Filed 02/07/07 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SONNY THOMAS : CIVIL ACTION

 :

v. :

 :

JOHN IATAROLA, et al. : No. 05-03850-JF

ORDER

AND NOW, this 6 day of February 2007, upon th

consideration of defendants’ “Omnibus Post-Trial Motion,” IT IS

ORDERED:

1. The motion is DENIED in all respects (i.e.,

defendants’ motion for judgment as a matter of law is DENIED, and

defendants’ motion for a new trial is also DENIED.

2. JUDGMENT is ENTERED in favor of the plaintiff,

Sonny Thomas, and against the defendants Luis Csasar, David

Strawn, William Kissner, Matthew Crenko, and Matthew Lazur, in

the total sum of $1.00.

BY THE COURT:

/s/ John P. Fullam 

John P. Fullam, Sr. J.

Case 2:05-cv-03850-JF Document 67 Filed 02/07/07 Page 4 of 4